Terms & Conditions

TERMS & CONDITIONS



OVERVIEW

Any use of our services provided on this website means full consent and acceptance of our Terms & Conditions, shipping, returns, payments, privacy and cookies policies. Please read these Terms & Conditions carefully before engaging in our services.


This online store and website is owned and operated by ENVY FITNESS APPAREL, conducting business activity under the company name of  “ENVY FITNESS APPAREL", with its main office at Wiejska Street No.1c, 44-200 Rybnik, Poland. NIP (Tax Identification Number): PL6423192062  Regon (National Business Registry Number): 362862178, email: envyfitnessapparel@gmail.com Throughout the site, the terms “we”, “us” and “our” refer to ENVY FITNESS APPAREL.


 1. Store terms

By accepting our Terms & Conditions you explicitly state that you are over the age of majority in your State or Country; or you are minor dependent, using our services with consent and under direct supervision of your legal guardian.


Violation of our Terms & Conditions can result in termination of our Services.  


We reserve the right to:

• Change prices due to varying currency rates.

• Refuse or terminate service to anyone at any time.

• Modify or discontinue the Service without notice at any time.

• Modify or change the contents and provisions of Terms & Conditions at any time. In such case we will post updates on our website. It is customers responsibility to check this section regularly for changes. Registered Customers shall be informed about the changes via e-mail at the address provided at registration.


You confirm that Envy Fitness Apparel shall not be liable to you for any of above-mentioned.

 2. Products and services 

We have done our best to show our products as accurately and detailed as possible. We cannot be liable for your device displaying colours differently.


Every product has limited availability. We reserve the right to withhold any sale after our max quota is reached. In such case item will be marked as ”sold out” and checkout closed until restock.

All products, descriptions, sizing, fabric information are subject to change at any time

Every purchased product is the subject for our Returns Policy, with the exception of:

• Discounted items.

• Items bought from us at the exhibitions.

• Items no longer offered at our online store.

For more detail, please review our Returns Policy.


We bear responsibility for faulty items. Complaints might be submitted via e-mail atenvyfitnessapparel@gmail.com

Customer shall write the following in the content of the letter of complaint:

fault description, including attached pictures.

 3. Shipping and delivery

For more detailed information and courier schedule please review our Shipping section

We offer  worldwide shipping on all orders or optional courier shipping.

All orders are dispatched within 1-7 working days of placing an order.

An email confirmation with tracking number will be sent to the email address given on your order once the order has been dispatched.

Orders shipped OUTSIDE the European Union MAY BE subject to import duties or charges implemented by a specific country and can cause delays beyond the original delivery estimates. More information can be obtained by contacting your local customs office. We have no control over these matters and are not liable for the charges which may incur. Please note, if customs duty is not paid for whatever reason, your order will be returned to Envy Fitness address and shipping handling fee will be deducted from your refund.

WRONG DELIVERY ADDRESS

We are not responsible for a wrong delivery address as long as it is the same as the one given during registration process or order purchase process.
We have no control over these matters and are not liable for the charges which may incur.

Wrong delivery address must be confirmed by your local delivery courier by a sticker that contains a certain reason. “No such address” or “Insufficient address” depending on the country of recipient.

Each undelivered parcel by the reason given above will be returned to our office.
You are liable for the cost of returning items and for your parcel until the moment it reaches Envy Fitness Apparel. 

We can resend your order again on a new address.
Every shipment will be additionally charged of 6,99EUR (29,99EUR - DHL Express) as the cost incurred by delivering the shipment again to recipient. Free shipping option can be used only once. 

You have the rights to cancel your order for a refund if it meets the criteria of returned items.
For more please see our Returns section.

 4. Returns 

For more detailed information please review our Returns Policy section


You can cancel any order made with Envy Fitness Apparel for a full refund. Order cancellation has to be made by emailing us within 14 days of the day after you receive your order. (envyfitnessapparel@gmail.com).
However, if your order has already been processed and shipped, you will be responsible for returning the order. We advise to return every item with tracking number and delivery confirmation.


If for some reason you are not happy with your order, you can return or exchange any unused item within 14 days of receipt. Any returns received after this period may be rejected. We recommend sending returns with DHL service to ensure delivery within 14 days of receipt. Please contact us at envyfitnessapparel@gmail.com  and state:

Order Number, Reason for Return, the products you wish to exchange the return for, your name & address.

You are liable for the cost of returning items and for your parcel until the moment it reaches Envy Fitness Apparel. 

Every size exchange will be additionally charged of 6,99EUR as the cost incurred by delivering the shipment back to the sender. Free shipping option can be used only once. Exchanged sizes will be dispatched within 72 hours from the day of receipt.

Refunds are issued against the original payment method used at the checkout and will reach you within 7 working days of Envy Fitness receiving your return. You will receive an email confirming your refund. Exchanged items will be dispatched within 7 working days of your return being processed.

Every purchase made with a "FREE SHIPPING" option and returned for a refund caused by any cause not related to our service and quality will be reduced of 9,99EUR as the cost incurred by delivering the shipment. Costs of DHL and standard shipping (orders under 59EUR) options will not be refunded.


We CANNOT accept returned items that:

  • -Have been washed.
  • -Are not in resalable condition.
  • -Are covered in animal or human hair.
  • -Are no longer sold on our website.

Envy Fitness Apparel has the right to refuse any returns that don't comply with our returns policy.

If such case occurs that the item you have received is in any way faulty, contact us by emailing envyfitnessapparel@gmail.com

Please send: your name and order number, picture of the faulty item and describe the faulty item in full detail. Faulty items will be reshipped with no charge.
 5. Payments

We accept payments through:
- Cards (Visa, Mastercard, Maestro, Diners Club)
- Paypal

We accept payments in: USD and EUR
You can still pay with your currency using your credit/debit card or paypal in your currency. 

All Payments are processed by our payment provider - PayLane. Every transaction is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only during your purchase transaction. After that is complete, your information is deleteted


All transactions are processed through a gateway provider - PayLane sp. z o.o. with headquarters in Poland, Gdansk (80-387), Arkonska 6/A3, KRS: 0000227278.

For more detail review our Privacy Policy.

 6. Accuracy of information

You are responsible to provide current and accurate address, purchase and account information. We will not be liable for parcels sent to wrong address if such was provided.

 7. Third party links and tools

We may provide you with access to third-party tools, services, materials, links (including but not limited to: instagram, facebook, twitter, pinterest, payment provider, widgets) which we have no control or input over.


You agree that we provide you with access to such tools without any warranties or conditions. We will not be held liable for any problems relating from use of third-party services, tools, links.


By any use of third party tools and links you agree to be bound by their Terms & Conditions and Privacy Policy. Please read them carefully before engaging in their services.


We will be not held liable for any purchase or use of our goods or services made with unauthorized third-party websites. In such case complaints and claims should be directed to the third-party

 8. User actions

Users are forbidden from using our services in the following ways:

• Any illegal, unauthorized or in any way damaging use of our services.

• Violating our Terms & Conditions or any law in your jurisdiction (including copyright laws)

• Transmitting any destructive code, worms or viruses.

• Reproducing, duplicating, or exploiting any part of our Service, including but not limited to: products, website sections, copyright materials and trademarks.

• Selling or reselling our products without our explicit, written consent.

• Providing false information, pretending to be someone else or misleading us or third-parties.


By any feedback, submission, suggestion, proposal or other materials whether online or otherwise (including but not limited to: comments, e-mail, complaints, postal mail), you agree that we are free to use them, without restriction, at any time and we will not be held under any obligation to pay for compensation or maintain such information confidential.


We may monitor and remove content that violates our Terms & Conditions or is offensive in any way.

 9. Personal information

Your Personal Information is governed by our Privacy Policy. For more detail, please review our Privacy Policy.

 10. Legal advice

The contents of our website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

All material contained on our website is provided without any or warranty of any kind. You this website at your own 

discretion.

 11. Copyright

All copyright, trademarks and all other intellectual property rights on the website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website) are owned by or licensed to Envy Fitness Apparel or otherwise used as permitted by law.


By using the website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes downloading, copying or printing parts of the website for personal, non-commercial use only.

 12. Limitation of liability

The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.


To the extent permitted by law, Envy Fitness Apparel will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.


Envy Fitness Apparel makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Nothing in these Terms & Conditions shall be construed so as to exclude or limit the liability of Envy Fitness Apparel for death or personal injury as a result of the negligence of Envy Fitness Apparel or that of its employees or agents. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 13. Indemnification 

You agree to indemnify and hold Envy Fitness Apparel and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Envy Fitness Apparel arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

 14. Severability

If any part of these Terms & Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions. 

 15. Waiver

If you breach these Terms & Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms & Conditions.

 16. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of Republic of Poland you hereby submit to the exclusive jurisdiction of the Republic of Poland courts.

 17. Custom orders

As producers reliable for the final finishing of our products, we provide services in the field of apparel printing. We can personalise your product by printing your name, initials or any other requested character. All requests for customisation must be discussed with our support before placing an order. We reserve the right to refuse any printing that can not be done due to our machines capabilities or that violates the rights of others. Every order placed with request for personalisation and discussed with our support will be considered as order made especially for a certain person and useable only for use by this person.

Custom orders can not be returned for a size exchange or deleted when order was already processed.You have the rights to write a complaint when your custom order is damaged or the services was not provided properly. 

For more informations please contact our support.

 18. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.


These Terms & Conditions are effective unless and until terminated by either our customer or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 19. Contact information

ENVY FITNESS APPAREL

Wiejska 1c

44-200 Rybnik

Poland.

OFFICE HOURS

Monday - Friday                9:00am - 6:00pm

email address: envyfitnessapparel@gmail.com

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